SK 401 
.P4 
1910a 
Copy 1 



LAWS 



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PROTECTION 



BIRDS, GAME and FISH 





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1K3A^D OF COMMISSIONERS 



BIRDS, GAMh AND IlciH 

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Hamiul's & Jones 
Baton Rouge, LouiSiaii 




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LAWS 



FOR THE PROTECTION OF 

BIRDS, GAME and FISH 

PASSED BY THE LEGISLATURE OF THE 

STATE OF LOUISIANA 

Session of 1910. 



Ramires & Jones 

Baton Rouge, Louisiana 

1910 



INDEX. 



Page. 
Act No. 24 — For the protection of fish, making- it a misdemeanor 
to throw or place dynamite, etc., acids or other dele- 
terious substances in the wa.ters of the State 5 

Act No. 183 — To protect rice planters and owners of canals against 

the pollution of same by salt water, oil, etc 6 

Act No. 198 — To impose a license tax upon dogs 7 

Act No. 208 — To regulate the killing of seagulls 7 

Act No. 258 — To declare the waters of bayous, lagoons, lakes, bays 

and rivers the property of the State 8 

Ate No. 268 — For the protection of bears, and providing the man- 
ner in which said animals may be killed 8 

Act No. 273 — For the creating of game and fish preserves, and to 

provide for the control and portection of same 10 

Act No. 312 — For the protection of fur-bearing animals 12 



ACT NO. 24. 
House Bill No. 58. 

AN ACT 

For the protection of fish, by making it a misdemeanor to throw 
or place dynamite, lyddite, gun powder cartridges, cannon 
crackers or any other explosive or to throw or place acids, or 
• lime which have not been used in manufacturing or com- 
mercial processes, india berries, saw dust, green walnuts, wal- 
nut leaves, or any other deleterious substance in the waters 
of the State and to provide for the punishment of violations 
thereof. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, that in order to prevent the killing of fish, 
it shall be unlawful for any person to throw or place dynamite, 
lyddite, gun powder cartridges, cannon crackers, or any other ex- 
plosive or to throw or place acids, or lime which have not been 
used in manufacturing or commercial processes, india berries, saw 
dust, green walnuts, walnut leaves, or any other deleterious sub- 
stance into, or on, or where it will run into, the waters of the 
bayous, lagoons, ponds, lakes, bays, rivers, sounds, or in the Gulf 
of Mexico within the territorial jurisdiction of this State. 

Section 2. Be it further enacted, etc., That any person vio- 
lating the provisions of this Act shall be deemed guilty of a mis- 
demeanor and shall on conviction thereof pay the costs of the 
prosecution and be imprisoned in the parish jail for not less 
than five (5) days nor more than twelve (12) months, at the 
discretion of the Court, and subject to work on the public roads 
as provided by law, and in the event of the costs not being 
paid, an additional day for each day of the jail sentence shall 
be decreed by the Court." 

Section 3. Be it further enacted, etc.. That all laws or parts 
of laws in conflict with the provisions of this A.ct are hereby re- 
pealed and superseded. 



ACT NO. 183. 
House Bill No. 19. 

AN ACT 

To protect the rice planters and owners of the canals who use 
water for irrigation purposes against the pollution of the 
streams by salt water, oil and other substances, and also to 
protect the fish in said streams and making it a misdemeanor 
to contaminate said streams by draining or permitting the 
said water to be drained in said streams. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That it is hereby declared unlawful and a 
misdemeanor for any officer, manager, or employee of any cor- 
poration or any person acting for himself, or for any one else 
to knowingly and willfully empty or drain into, or permit to be 
drained from any pumps, reservoir, wells, or oil fields into any 
of the natural streams or drains of the said State, from which 
water is taken for irrigation purposes any oil, salt water, or other 
noxious or poisonous gases or substances which would render 
said water unfit for irrigation purposes or would destroy the fish 
in said streams. Provided, that the operators or owners of wells 
shall have the right to turn their water from wells, reservoirs 
or tanks into the rivers, bayous, streams or other waterways, be- 
tween September 1st, and March 1st of each year, and are pro- 
hibited from doing so between March 1st and September 1st of 
each year. Said owners or operators shall provide reservoirs or 
tanks and shall keep the water out of the said streams or water- 
ways during the close season, and shall pay for a watchman night 
and day to prevent leaks, breaks, secret pipes or violations of 
this law. It shall also be the duty of said operators or owners to 
plainly indicate to whom each reservoir or tank belongs by post- 
ing same, and shall be subject to inspection at all times by the 
legal authorities. 

Section 2. Be it further enacted, etc.. That for each and every 
violation of said Act there shall be imposed upon any person so 
offending, Avhether acting in his individual capacity or for others, 
a fine not less than One Hundred Dollars ($100.00) nor more 
than Two Thousand Dollars ($2,000.00), or imprisonment in the 
parish jail not less than thirty days nor more than three months 
in the discretion of the court trying the same. 

Section 3. Be it further enacted, etc. ; That for each and every 
day that said oil, salt water, or other substances is permitted to 
flow into such streams, shall constitute a separate offense. 

Section 4. Be it further enacted, etc. ; That all laws and parts 
of laws in conflict herewith are hereby repealed. 



ACT NO. 198. 
House Bill No. 322. 

AN ACT 

To authorize the Police Juries througnout the State of Louis- 
iana to impose a license tax upon dogs, to enforce the same 
by penalties, and to devote the proceeds of said licenses to 
education. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That the Police Juries throughout the State 
be and they are hereby authorized and empowered and shall im- 
pose an annual license tax upon all dogs in their respective par- 
ishes make such regulations and to impose such penalties as 
they may deem fit to enforce the collection of said tax. 

Section 2. Be it further enacted, etc., That no license shall 
be imposed for a greater sum than two dollars. 

Section 3. Be it further enacted, etc.. That the payment of 
the license herein provided for shall constitute as property, the 
dog upon which it is paid. 

Section 4. Be it further enacted, etc.. That all the licenses 
and penalties collected under the power herein granted, less 
necessary costs of collection, shall be turned over by the dif- 
ferent Police Juries to the respective School Boards of the par- 
ish in which the license and penalties are collected. 



ACT NO. 208. 
House Bill No. 176. 

AN ACT 

To regulate the killing of sea-gulls; to fix an open and close 
season in which they may be killed; to provide a penalty 
for the violation hereof ; , and to repeal all laws or parts 
of laws in conflict herewith. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That it shall be unlawful to kill or have in 
possession in the State of Louisiana, any sea-gull between the 
first day of February and the first day of August of any year. 

Section 2. Be it further enacted, etc.. That it shall be un- 
lawful for any licensed hunter in this State to kill more than 
fifty (50) sea-gulls in any one day. 

Section 3. Be it further enacted, etc., That any person 
violating the provisions of this Act shall be fined not less than 



twenty-fivp dollars ($25.00) nor more than two hundred and 
fifty dollars ($250.00), or be imprisoned not less than five (5) 
days nor more than ninety (90) days, at the discretion of the 
court. ' 

Section 4. Be it further enacted, etc., That all laws and parts 
of laws in conflict herewith be and the same are hereby re- 
pealed. 

ACT NO. 258. 
House Bill No. 57. 

AN ACT 

To declare the waters found m the bayous, lagoons, lakes, bays, 
and rivers of the State to be the property of the State, and 
the beds thereof. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That the waters of and in all bayous, lagoons, 
lakes and bays and the beds thereof, within the borders of the 
State not at present under the direct ownership of any person, 
firm, or corporation are hereby declared to be the property of 
the State. There shall never be any charge assessed against any 
person, firm or corporation for the use of the waters of the 
State for municipal, agricultural or domestic purposes. 

Section 2. Be it further enacted, etc., That while acknowl- 
edging the absolute supremacy of the Federal Government over 
the navigation on and in the navigable waters within the bor- 
ders of the State, yet nevertheless it is hereby declared and 
affirmed that the ownership of the -water itself and the beds 
thereof in said navigable streams is vested in the State and that 
the State has the right to enter into possession of said waters 
when not interfering with the control of navigation exercised by 
the Federal Government thereon, provided this Act is not in- 
tended to interfere with the acquisition in good faith of any 
waters or the beds thereof transferred by the State or its agencies 
prior to the passage of this Act ; provided further this Act shall 
not efi^ect the acquisition of property bj'' alluvion or accretion. 



ACT No. 268. 
House Bill No. 358. 

AN ACT 

For the protection of bears; to provide the manner in which 
said animals may be killed ; to fix the seasons in which said 
animals may be killed; to authorize the hunting of said 



animals, and to provide for the punishment of violatioDs of 
this Act. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, that all bears found in this State shall be 
and are hereby declared to be the property of the State. 

Section 2. Be it further enacted, etc.. That no person within 
the State of Louisiana, shall kill, catch, have in possession, or 
attempt to kill, catch or hold in possession, living or dead, any 
bear, or purchase or offer for sale any bear, after same has been 
killed or caught, except as otherwise permitted. 

Section 3. Be it further enacted, etc.. That it shall be UU' 
lawful for any person to trap, or attempt to trap a bear at any 
time. 

Section 4. Be it further enacted, etc., That it shall be -un- 
lawful to catch or kill any bear between the first day of February 
and the first day of November of any year. This Act does not 
prevent the owner from catching or killing bears on his own 
premises at any time while actually injuring property. 

Section 5. Be it further enacted, etc., That it shall be un- 
lawful for any person to kill, pursue, take, snare, have in pos- 
session, or injure by any means, upon the land or water of any 
game or fish preserve in any Parish of the State, whether en- 
closed or unenclosed, that may be designated and set apart by 
the Board of Commissioners for the Protection of Birds, Game 
and Fish as game and fish propagating and breeding grounds, 
any bear, except under regulations of the Board of Commission- 
ers for the Protection of Birds, Game, and Fish, the killing or 
having in possession of each such animal shall constitute a sepa- 
rate offense. 

Section 6. Be it further enacted, etc., that it shall be unlaw- 
ful for any person, firm, corporation, or common carriers, its of- 
ficers, agents, or servants, to ship' carry, take or transport beyond 
the confines of the State, any bear at any time; except under 
written permission of the Board of Commissioners for the Pro- 
tection of Birds, Game pnd Fish. 

Section 7. Be it further enacted, etc.. That it shall be unlaw- 
ful for any resident to hunt bears within the State on other than 
lands which he owns, leases or rents, unless he is the owner of 
the hunting license provided by law, and shall exhibit same on 
demand of any warden or officer. 

Section 8. Be it further enacted, etc.. That it shall be un- 
lawful for any non-resident or unnaturalized foreign born res- 
ident, to hunt bears within the State unless' he ha« in his pos- 



10 

session the hunting license provided by law for such persons, and 
shall exhibit same on demand of any warden, of officer. 

All non-residents coming into the State to hunt bears, shall 
report in writing upon arrival at their destination to the Parish 
Game Warden. 

Section 9. Be it further enacted, etc.. That an person, firm 
or corporation or common carrier, their agents and officers, vio- 
lating any of the provisions of this Act, shall be deemed guilty 
of a misdemeanor, and shall on conviction thereof, pay the costs 
of the prosecution, and be fined not less than five dollars ($5.00^ 
nor more than One Hundred Dollars ($100.), or be imprisoned 
in the Parish jail for not less than One day (1), nor more tlian 
sixty (60), days, or both fine and imprisonment at the discre- 
tion of the Court, for each offense, in addition thereto the holder 
of a hunting license found guilty of violating any of the pro- 
visions of this Act before a competent Court, shall forfeit said 
license and all further hunting privileges during the current 
season. 

Section 10. Be it further enacted, etc.. That all fines collected 
ander the provisions of this Act shall be paid to the Treasurer of 
the School Funds for the use of the Public Schools of the Parish 
in which the violations occurred; the sheriff to receive ten per 
cent for the collection of said fines turned over to the Treas- 
urer. 

Section 11. Be it further enacted, etc.. That all brvs or 
parts of laws in conflict with the provisions of this Act ar:> lij-reby 
repealed and superseded. 



ACT No. 273. 
House Bill No. 28. 

AN ACT 

For the creating of Game and Fish Preserves ; to provide for the 
control of same and for the protection of the game and fish 
thereon ; to set apart certain State lands for fish and game 
preserves; to authorize the Board of Commissioners for the 
Protection of Birds, Game and Fish to designate and set 
apart hereafter as many game and fish preserves as it may 
deem necessary to protect wild animals and birds that may 
be imported by any person, association of persons, or by the 
Federal Government under proper restrictions for the pur- 
pose of experimentation or propagation ; and to provide for 
punishment of violations of this Act. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That all the swamp and marsh land in Town- 



11 

ship 18 South, Range 25 East; Township 19 South, Range 26 
East; To\\Tiship 20 South, Range 26 East; and Township 20 
South, Range 27 East; located in the Parishes of Plaquemines 
and Jefferson on the West side of the River is hereby designated 
and set apart as a State Game and Fish Preserve, and placed 
under the control of the Board of Commissioners for the Protec- 
tion of Bird, Game and Fish. 

Section 2. Be it further enacted, etc.. That all the land 
located in Township 14 North, Range 4 East, Louisiana Meridian, 
in the Parish of Caldwell, and particularly enumerated herein 
as E. 1/2 S. W. % Sec. 2 ; N. 1/2 N. E. 1/4, Sec. 9 ; N. W. 14 N. "W. 
14, E. 1/9 N. W. 14, N. E. 14 S. E. 14 and E. 1/2 S. W. 
14, Sec. 10, Sec. 11; S. i/> N. W. i^, and S. W. 14 Sec. 12; W. 
1/-, Sec. 13; Sec. 14; E. 1/0 E. 1/2 N. W. % and E. 
1/0 S. W. %, Sec. 15; N. 1/2 N. E. 14, Sec. 22; Sec. 23; W. 1/2 
S. E. 14, W. 1/2, N. E. 14 and S. E. 14. N. E. i^ Sec. 24, Sec. 25. ; 
Sec. 26 ; Sec. 36, comprising in all 6240 acres, is hereby designated 
and set apart as a State Game and Fish Preserve, and placed 
under the control of the Board of Commissioners for the Pro- 
tection of Birds, Game and Fish. 

Section 3. Be it further enacted, etc.; That the Board of 
Commissioners for the protection of Birds, Game and Fish shall 
have absolute control and full authority to use said lands for 
the purpose of conserving and increasing the supply of game 
and fish living thereon. 

Section 4. Be it further enacted, etc. ; That it shall be unlaw- 
ful to hunt or fish on said preserves except under such rules 
and regulations as may be made by the Board of Commissioners 
for the protection of Birds, Game and Fish. 

Section 5. Be it further enacted, etc.; That it shall be un- 
lawful for any person, to kill, snare, or pursue with intent 
to kill or take by any means, or to have in possession, any 
wild animal or bird upon any of the State game preserves now 
designated or that rday hereafter be designated by the Board 
of Commissioners for the protection of Birds, Game and Fish. 

The killing or pursuing with intent to kill, snare, or take, or 
the having in possession of any wild animal or bird on said pre- 
serves shall constitute a separate offense. 

This Section shall not prohibit the Board of Commissioners 
for the Protection of Birds, Game and Fish from killing or hav- 
ing killed any wolves, wild cats, or other noxious animals on 
lands under their supervision, or from having caught or snared 
any wild animals or birds for the purpose of propagation, 
restocking or scientific investigation. 

Section 6. Be it further enacted, etc. ; That it shall be un- 
lawful to catch, kill, snare, or pursue, any wild animal or bird, 



12 

imported into this State by the Federal Government, or by any 
person, or association of persons under the supervision and 
consent of the Board of Commissioners for the protection of 
Birds, Game and Fish for the purpose of experimentation or 
propagation. 

Section 7. Be it further enacted, etc.; That the Board of 
Commissioners for the protection of Birds, Game and Fish is 
hereby empowered to accept from any person, firm, corporation, 
State or Federal Government, any lands or waters suitable for 
game and fish preserves, to designate and set apart same as game 
and fish preserves and to provide such rules and regulations, not 
contrary to law for the conservation of the birds, game, and fish 
found thereon. 

Section 8. Be it further enacted, etc.. That any person, firm, 
corporation, or common carrier, their agents and officers violat- 
ing any of the provisions of this Act, shall be deemed guilty of a 
misdemeanor, and shall on conviction thereof, pay the costs of 
the prosecution, and be fined not less than twenty-five dollars 
($25.00) nor more than five hundred dollars ($500.00) or be 
imprisoned in the parish jail for not less than thirty (30) days, 
nor more than six (6) months, or both fine and imprisonment 
at the discretion of the Court, for each offense. 

Section 9. Be it further enacted, etc., That all fines collected 
under the provisions of this Act, shall be paid to the Treasurer 
of the School Funds for the use of the Public Schools of the 
Parish in which the violation occurred the sheriff to receive 
ten per cent for the collection of said fines turned over to the 
Treasurer. 

Section 10. Be it further enacted, etc. ; That all laws or 
parts of laws in conflict with the provisions of this Act are 
hereby repealed and superseded. 



ACT No. 312. 
Senate Bill No. 21. 

To amend Section 1 of Act No. 79 of 1906, entitled "An Act 
for the protection of fur-bearing animals in the State of 
Louisiana, and fixing fines and penalties for the violation of 
the provisions of this Act" so as to read as follows: 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That Section 1 of Act No. 79 of 1906, be 
amended so as to read as follows: 

Section 1. That it shall be unlawful in this State to catch, 
trap or kill, or pursue with intent to catch or kill, between the 
first day of February and the first day of November in any year, 
an otter, beaver, mink or raccoon. 



